Board of County Commissioners v. Board of County Commissioners

728 P.2d 454, 105 N.M. 44
CourtNew Mexico Supreme Court
DecidedNovember 4, 1986
DocketNo. 16215
StatusPublished

This text of 728 P.2d 454 (Board of County Commissioners v. Board of County Commissioners) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of County Commissioners v. Board of County Commissioners, 728 P.2d 454, 105 N.M. 44 (N.M. 1986).

Opinion

OPINION

WALTERS, Justice.

This appeal concerns a disagreement between two counties regarding entitlement to federal funds. Although the appellate briefs contain a paucity of cited authority, the issues in this case are important to the public and may recur at some future time. We have, therefore, undertaken our own research to address the question presented.

Pursuant to the “Payments in Lieu of Taxes Act” (PILT), 31 U.S.C. Sections 6901-6907 (1982 and Supp. II 1984), the federal government compensates local governmental units for loss of tax revenues from certain tax-exempt federal lands (“entitlement lands”) located within local governmental boundaries.

The Bureau of Land Management (BLM) is delegated the authority to administer the PILT program for the Secretary of the Interior. 43 C.F.R. § 1881.0-5(e) (1985). Computation of the amount of a payment under PILT is based upon the acreage of entitlement lands located within the local government boundaries at the end of the federal fiscal year (September 30) preceding the fiscal year for which the PILT payment is to be made. 43 C.F.R. § 1881.-l-2(b)(l) (1985). The amount is further limited by a formula related to the local government population. 31 U.S.C. § 6903(c)(l-2) (1982).

On June 19, 1981, Cibola County was created from the western portion of Valencia County. NMSA 1978, § 4-3A-1 (Supp. 1981). Prior to the formation of Cibola County, Valencia County had within its borders 710,967 acres of federal entitlement lands. Upon its creation, Cibola acquired 671,046 acres, or 94.38% of the federal entitlement lands previously located in Valencia County.

On September 21, 1981, BLM made its 1981 PILT payment in the amount of $500,-761 to Valencia County, paying none of it to Cibola County. Valencia County refused to transfer any portion of the 1981 PILT payment to Cibola County, and plaintiff Board of County Commissioners of Cibola County, New Mexico (Cibola), filed an action seeking declaratory judgment to compel defendant Board of County Commissioners of Valencia County, New Mexico (Valencia), to remit a portion of that payment to Cibola. Both Cibola and Valencia filed motions for summary judgment. The trial court granted summary judgment in favor of Valencia; from this decision Cibola appeals. Both parties assert there is no genuine issue of material fact.

Valencia contends that an order requiring Valencia County to transfer a portion of the contested PILT funds to Cibola County would be tantamount to overturning the decision of the federal agency charged with administering a legislatively-created program. Cf. Lawrence County v. Lead-Deadwood School District, 469 U.S. 256, 105 S.Ct. 695, 83 L.Ed.2d 635 (1985); Health & Social Services Department v. Garcia, 88 N.M. 640, 545 P.2d 1018 (1976).

Valencia’s assertion is without merit. Any federal interest in PILT funds is concluded once the initial payee and amount of payment are determined. See Lawrence County v. Lead-Deadwood School District. Cibola does not challenge BLM’s payment of PILT funds to Valencia; instead, it asserts that at the time Cibola County came into being, neither 31 U.S.C. Sections 6901-6907 nor 43 C.F.R. Section 1881 addressed how PILT payments should be distributed to newly-created counties, and that reference to applicable New Mexico law is thus required. Cibola relies on NMSA 1978, Section 4-3A-6 (Supp.1981), and NMSA 1978, Section 6-6-18 (Repl. Pamp.1983), to urge that it should receive 94.4% of the contested PILT payment.

Valencia answers that Section 4-3A-6 is purely a tax statute; that PILT payments are not taxes and, therefore, that Section 4-3A-6 does not apply to the present case.

It is true that PILT funds are not taxes. But that alone does not make Section 4-3A-6 inapplicable to the present case. That section, entitled “Unpaid Taxes,” states:

The county of Cibola is entitled to all unpaid taxes, which remain unpaid at the effective date of this act upon property within the area embraced by the county of Cibola and any funds in the hands of the treasurer of Valencia county at the time this act becomes effective, or which thereafter come into the treasurer’s hands which are properly transferable by the treasurer of Valencia county to the treasurer of Cibola county, shall be transferred in the regular course in the administration of the office upon the demand from such authority to receive same. (Citations omitted; emphasis supplied.)

In construing a statute, we must give effect to the intent of the legislature. E.g., Board of Education v. Jennings, 102 N.M. 762, 701 P.2d 361 (1985). It is presumed that at the time Section 4-3A-6 was enacted, the legislature knew that PILT payments were forthcoming. E.g., State ex rel. Bird v. Apodaca, 91 N.M. 279, 573 P.2d 213 (1977). “[I]t is not the business of the courts to look beyond the plain meaning of the words of a clearly drafted statute in an attempt to divine” the legislative intent. State v. Ellenberger, 96 N.M. 287, 288, 629 P.2d 1216, 1217 (1981).

Section 4-3A-6 clearly provides that “Ci-bola is entitled to all unpaid taxes * * * and any funds in the hands of the treasurer of Valencia County * * * or [any funds] which thereafter come into the treasurer’s hands which are properly transferable. * * * ” This statute must be construed so that, if possible, no part of it is rendered surplus or superfluous. Western Investors Life Insurance Co. v. New Mexico Life Insurance Guaranty Association, 100 N.M. 370, 671 P.2d 31 (1983). If this statute is interpreted as only providing for unpaid taxes, that portion of the statute which refers to “any funds” becomes superfluous.

The statutory title, “Unpaid Taxes,” while shedding light on the legislative intent, does not limit the scope of this statute to merely unpaid taxes. See State v. Ellenberger. Notwithstanding the title, the content of the statute embraces taxes unpaid at the time of the creation of Cibola County, as well as all other funds thereafter coming into the hands of the Valencia County Treasurer which are “properly transferable” to the Cibola County Treasurer. Unpaid payments “in lieu of taxes” are sufficiently germane to the subject matter of “unpaid taxes” to permit our conclusion that the legislature intended that PILT funds were included within the meaning of “any funds” in Section 4-3A-6.

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Kelly v. Washington Ex Rel. Foss Co.
302 U.S. 1 (Supreme Court, 1937)
Hillelson v. Republic Insurance
627 P.2d 878 (New Mexico Supreme Court, 1981)
State Ex Rel. Bird v. Apodaca
573 P.2d 213 (New Mexico Supreme Court, 1977)
Health & Social Services Department v. Garcia
545 P.2d 1018 (New Mexico Supreme Court, 1976)
State v. Ellenberger
629 P.2d 1216 (New Mexico Supreme Court, 1981)
United Nuclear Corp. v. General Atomic Co.
629 P.2d 231 (New Mexico Supreme Court, 1980)
Pringle v. Texas
451 U.S. 901 (Supreme Court, 1981)

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Bluebook (online)
728 P.2d 454, 105 N.M. 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-county-commissioners-v-board-of-county-commissioners-nm-1986.